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2001)
York (Arthur D. Spatt, Judge) that upheld the determination of defendantappellee Kenneth S. Apfel, Commissioner of Social Security, that plaintiff was
not entitled to Social Security benefits as a "surviving divorced wife" pursuant
to 42 U.S.C. 402(e) and 416(d).
2
Albertson appealed to the district court and argued that she should be credited
with three days because there were three leap years during her marriage, thus,
in her view, making the duration of the marriage exactly 10 years as required by
416(d)(2). The district court rejected this argument; it reasoned that "leap
years are considered to be nothing more than ordinary calendar years, and do
not provide a'spare day' to be added." We agree.
Because Albertson's marriage to Greilich did not last ten calendar years, we
find that her application for survivorship benefits was properly denied.
Accordingly, the judgment of the district court is hereby affirmed.
NOTE:
NOTE:
1
Even, purely for the sake of argument, were we to hold that Congress intended
us to utilize the precise scientific understanding for a year, that is, the period of
time required for one revolution of the earth around the sun, we would still be
led to the conclusion that Albertson was not married to Greilich for "10 years."
This is because, scientifically speaking, a year is 365 days, not 365 days as
Albertson wishes us to believe. See Electronic Library, Encyclopedia.com
(2001), at http://www.encyclopedia.com/articles/02150MeasuresofTime.html
(last visited on April 19, 2000) (noting: "The earth completes its orbit about the
sun in 365 days, 5 hr 48 min 46 sec--the length of the solar year"). Thus,
Albertson still would not be entitled to the credit she seeks for the three leap
year days.